A day by day recap of the Strong trial

Thursday

Feb 28, 2013 at 2:00 AM

ALFRED — Discussions over pornographic photographs and tapes, the definition of a pimp, claims of mishandling evidence and police improprieties — it's all been covered in the start of Mark Strong's trial.

Jennifer Feals

ALFRED — Discussions over pornographic photographs and tapes, the definition of a pimp, claims of mishandling evidence and police improprieties — it's all been covered in the start of Mark Strong's trial.

Prosecutors are painting the picture that Strong, 57, of Thomaston, conspired with Alexis Wright, 30, of Wells, to promote a prostitution operation out of Wright's former Zumba studio for more than a year-and-a-half.

On the opposing side, Strong's defense attorneys, are alleging he was in love with Wright and that the charges are in retaliation for an investigation Strong was conducting into the Kennebunk Police Department on Wright's behalf. They are questioning the history of the department's lead investigator on the case, and mounting an argument that key pieces of evidence may have been tampered with.

With the 16-member jury finally impaneled after a three-week delay, opening arguments got under way Wednesday, Feb. 20.

Feb. 20, Day 1: Is Strong a pimp or a man in love?

Strong fell in love with Wright and wanted to protect her and help get her business started, defense attorney Daniel Lilley said in his opening argument, while prosecutors argued that Strong was "actively engaged" in Wright's alleged prostitution business and the two were in touch often on the dates she saw clients, by text and online video chat.

Lilley told jurors Strong had a sexual relationship with Wright, loaned her money to start her Zumba studio, and conducted background investigations on some of her clients to ensure her safety, but was not involved in promoting the alleged prostitution business.

While Strong was described as a "pimp" in a police report, Lilley said that characterization doesn't work in this case.

"The question is, did he promote prostitution or did he fall in love and have an extramarital affair with a woman?" Lilley said.

Deputy District Attorney Justina McGettigan said Wright asked Strong, an insurance agent and licensed private investigator, to use state databases to run clients' license plates, that the two created a bank account together, talked about the prostitution operation by text, video and e-mail, and named Wright's studio, the Pura Vida Studio, together.

Feb. 21, Day 2: Wright dropped towel, paid big tip for pasta delivery

The manager of the pizza parlor located next to Wright's former Zumba studio described in court an "awkward" encounter with the woman in which she dropped a towel she was wearing in front of him and gave him a $30 tip for $8 worth of spaghetti, while naked.

It was during the first day of witness testimony, on Feb. 21, when Dan Racaniello, the manager of Toppings Pizza, testified that he made a delivery to Wright's then Day Street apartment in the fall of 2011. When Racaniello arrived, Wright, who he knew as a regular Toppings customer, opened the door wearing only a towel and invited him in, he testified.

He walked in, placed her food on the kitchen table and waited to be paid while she "fussed" with her wallet, he said.

"Off goes the towel. She was standing in front of me naked. I looked away, then looked back and she was still standing there; it was really awkward," he said.

Racaniello also described seeing men going in and out of Wright's studio, including Jens-Peter Bergen, a Kennebunk attorney who Racaniello said he has known since he was a child. Bergen is one of approximately 20 men who has pled guilty to a charge of engaging a prostitute. More than 60 men and one woman have been charged in relation to the case.

Christopher West, the landlord of an office space at 1 High Street, located across from Wright's former Zumba studio, testified that he heard "moaning and groaning" coming from the space, as well as music loud enough to muffle the sound, and described seeing men entering the space as early as 5 a.m., staying for half-hour to hour intervals.

West said he entered the space Wright was renting at one point and found a massage table, a tripod, a suitcase containing clothing, a box of adult toys and several cases of enemas. There was also a large bin of used condoms, used baby wipes, a shelf of towels and a desk, he said.

The trial was put on hold briefly in the afternoon, when town attorneys argued that evidence related to police personnel should be confidential under Maine state statutes.

Feb. 22, Day 3: Defense wants charges dropped

Defense attorneys seek to have all charges against Strong dismissed and mount their argument that Strong was targeted for "retaliation" by the Kennebunk Police Department because he was conducting an investigation into the department on behalf of his then-lover, Alexis Wright, who felt she was being harassed by police.

On the third day of witness testimony, Friday, Feb. 22, Lilley alleged that Strong was looking into unprofessional conduct within the department, including the shooting death of a woman by a Kennebunk officer, because he felt the "facts were suspicious."

Lilley said the results of Strong's investigation were on a black Toshiba hard drive — the same one he says may have been mistakenly or "intentionally" left in the trunk of Kennebunk Officer Audra Presby's car on the day it was seized from Strong's office in July of 2012. Lilley said it should have gone with the other computer evidence to Maine State Police.

Maine State Police Detective Herbert Leighton testified that the serial number on the disputed Toshiba hard drive matched the one on an evidence collection sheet.

Meanwhile, defense attorneys filed another motion seeking to dismiss the 13 counts against Strong, saying prosecutors violated rules of discovery in not providing all evidence within court mandated deadlines, which they allege has damaged Strong's constitutional rights.

Feb. 25, Day 4: Sex photos will "horrify" jury

The sexual videos and photographs prosecutors hope to show during his trial will "horrify" the jury and "drown" his client, Lilley tells Justice Nancy Mills on Monday, Feb. 25, prompting a review of evidence to decide how much of the sexual material will be shown to the jury.

In the third day of witness testimony, prosecutors call forensic analysts, law enforcement officials, and members of the Secret Service to the stand to testify.

Detective Frederick Williams of the Saco Police Department, who conducted a forensic analysis of Strong's computers, testified that he was able to recover e-mails dated prior to Feb. 15, 2012, all of which someone had attempted to delete, and 577 Skype screenshots Strong allegedly captured from Thomaston while Wright engaged in sexual activity with clients. Williams also spoke of spreadsheets and tax documents found on Strong's computer and on computer equipment belonging to Wright.

The e-mails were "deleted" the day after Wright's Wells home and former Kennebunk Zumba studio and nearby office space were searched on Feb. 14, 2012.

Lilley raised concerns that the evidence could be prejudicial against his client, saying, "I think it's going to horrify some of these people to the point where I don't think he can get a fair verdict."

Jurors were not present at the time the sexual material was discussed.

The photographs and videos the state has as evidence show not only people engaging in sexual acts, McGettigan said, but people engaging in sexual acts and paying for it.

"This evidence, we believe, should be able to come out," she said.

Feb. 26, Day 5: Judge won't drop charges

In 48 hours, Mills denied two attempts to have the 13 counts against Strong dismissed while his defense counsel questioned members of the Kennebunk Police Department on allegations against Presby, as well as an affair she allegedly had with her then-superior, former Lt. Nick Higgins, and a separate officer-involved shooting that resulted in the death of a woman.

Lt. Dan Jones testified that he was the first in the department to hear of allegations against Presby, but that they were investigated by the Maine State Police and deemed unfounded. Jones said he received a protection from abuse order brought into the KPD in August 2011, from Nick Higgins' ex-wife Melissa Higgins, alleging that Presby had sexual contact with her then 5-year-old son. Jones said he served Presby with the order, contacted the district attorney's office, the attorney general's office, and the Maine Criminal Justice Academy.

Jones also said he asked Presby about the allegations and that she told him she "washed the child in his privates as well as everywhere else."

The department determined that no internal investigation would be conducted, Jones said, and the Maine State Police investigation determined the allegations were unfounded.

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